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Public Act 098-0552
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| SB1923 Enrolled | LRB098 09291 RLC 40882 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Section 1-8 as follows:
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(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
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Sec. 1-8. Confidentiality and accessibility of juvenile |
court records.
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(A) Inspection and copying of juvenile court records |
relating to a minor
who is the subject of a proceeding under |
this Act shall be restricted to the
following:
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(1) The minor who is the subject of record, his |
parents, guardian
and counsel.
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(2) Law enforcement officers and law enforcement |
agencies when such
information is essential to executing an |
arrest or search warrant or other
compulsory process, or to |
conducting an ongoing investigation
or relating to a minor |
who
has been adjudicated delinquent and there has been a |
previous finding that
the act which constitutes the |
previous offense was committed in furtherance
of criminal |
activities by a criminal street gang.
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Before July 1, 1994, for the purposes of this Section, |
"criminal street
gang" means any ongoing
organization, |
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association, or group of 3 or more persons, whether formal |
or
informal, having as one of its primary activities the |
commission of one or
more criminal acts and that has a |
common name or common identifying sign,
symbol or specific |
color apparel displayed, and whose members individually
or |
collectively engage in or have engaged in a pattern of |
criminal activity.
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Beginning July 1, 1994, for purposes of this Section, |
"criminal street
gang" has the meaning ascribed to it in |
Section 10 of the Illinois Streetgang
Terrorism Omnibus |
Prevention Act.
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(3) Judges, hearing officers, prosecutors, probation |
officers, social
workers or other
individuals assigned by |
the court to conduct a pre-adjudication or
predisposition |
investigation, and individuals responsible for supervising
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or providing temporary or permanent care and custody for |
minors pursuant
to the order of the juvenile court when |
essential to performing their
responsibilities.
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(4) Judges, prosecutors and probation officers:
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(a) in the course of a trial when institution of |
criminal proceedings
has been permitted or required |
under Section 5-805; or
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(b) when criminal proceedings have been permitted
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or
required under Section 5-805 and a minor is the |
subject of a
proceeding to
determine the amount of |
bail; or
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(c) when criminal proceedings have been permitted
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or
required under Section 5-805 and a minor is the |
subject of a
pre-trial
investigation, pre-sentence |
investigation or fitness hearing, or
proceedings on an |
application for probation; or
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(d) when a minor becomes 17 years of age or older, |
and is the subject
of criminal proceedings, including a |
hearing to determine the amount of
bail, a pre-trial |
investigation, a pre-sentence investigation, a fitness
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hearing, or proceedings on an application for |
probation.
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(5) Adult and Juvenile Prisoner Review Boards.
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(6) Authorized military personnel.
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(7) Victims, their subrogees and legal |
representatives; however, such
persons shall have access |
only to the name and address of the minor and
information |
pertaining to the disposition or alternative adjustment |
plan
of the juvenile court.
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(8) Persons engaged in bona fide research, with the |
permission of the
presiding judge of the juvenile court and |
the chief executive of the agency
that prepared the |
particular records; provided that publication of such
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research results in no disclosure of a minor's identity and |
protects the
confidentiality of the record.
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(9) The Secretary of State to whom the Clerk of the |
Court shall report
the disposition of all cases, as |
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required in Section 6-204 of the Illinois
Vehicle Code. |
However, information reported relative to these offenses |
shall
be privileged and available only to the Secretary of |
State, courts, and police
officers.
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(10) The administrator of a bonafide substance abuse |
student
assistance program with the permission of the |
presiding judge of the
juvenile court.
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(11) Mental health professionals on behalf of the |
Illinois Department of
Corrections or the Department of |
Human Services or prosecutors who are
evaluating, |
prosecuting, or investigating a potential or actual |
petition
brought
under the Sexually Violent Persons |
Commitment Act relating to a person who is the
subject of
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juvenile court records or the respondent to a petition |
brought under
the
Sexually Violent Persons Commitment Act, |
who is the subject of juvenile
court records
sought. Any |
records and any information obtained from those records |
under this
paragraph (11) may be used only in sexually |
violent persons commitment
proceedings.
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(A-1) Findings and exclusions of paternity entered in |
proceedings occurring under Article II of this Act shall be |
disclosed, in a manner and form approved by the Presiding Judge |
of the Juvenile Court, to the Department of Healthcare and |
Family Services when necessary to discharge the duties of the |
Department of Healthcare and Family Services under Article X of |
the Illinois Public Aid Code. |
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(B) A minor who is the victim in a juvenile proceeding |
shall be
provided the same confidentiality regarding |
disclosure of identity as the
minor who is the subject of |
record.
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(C) Except as otherwise provided in this subsection (C), |
juvenile court
records shall not be made available to the |
general public. Subject to the limitations in paragraphs (0.1) |
through (0.4) of this subsection (C), the judge presiding over |
a juvenile court proceeding brought under this Act, in his or |
her discretion, may order that juvenile court records of an |
individual case be made available for inspection upon request |
by a representative of an agency, association, or news media |
entity or by a properly interested person. For purposes of |
inspecting documents under this subsection (C), a civil |
subpoena is not an order of the court.
but may be inspected by |
representatives of agencies, associations and news
media or |
other properly interested persons by general or special order |
of
the court presiding over matters pursuant to this Act. |
(0.1) In cases where the records concern a pending |
juvenile court case, the requesting party seeking to |
inspect the juvenile court records shall provide actual |
notice to the attorney or guardian ad litem of the minor |
whose records are sought. |
(0.2) In cases where the records concern a juvenile |
court case that is no longer pending, the requesting party |
seeking to inspect the juvenile court records shall provide |
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actual notice to the minor or the minor's parent or legal |
guardian, and the matter shall be referred to the chief |
judge presiding over matters pursuant to this Act. |
(0.3) In determining whether the records should be made |
available for inspection and whether inspection should be |
limited to certain parts of the file, the court shall |
consider the minor's interest in confidentiality and |
rehabilitation over the requesting moving party's interest |
in obtaining the information. The State's Attorney, the |
minor, and the minor's parents, guardian, and counsel shall |
at all times have the right to examine court files and |
records. For purposes of obtaining documents pursuant to |
this Section, a civil subpoena is not an order of the |
court. |
(0.4) Any records obtained in violation of this |
subsection (C) shall not be admissible in any criminal or |
civil proceeding, or operate to disqualify a minor from |
subsequently holding public office, or operate as a |
forfeiture of any public benefit, right, privilege, or |
right to receive any license granted by public authority.
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(1) The
court shall allow the general public to have |
access to the name, address, and offense of a minor
who is |
adjudicated a delinquent minor under this Act under either |
of the
following circumstances:
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(A) The
adjudication of
delinquency was based upon |
the
minor's
commission of first degree murder, attempt |
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to commit first degree
murder, aggravated criminal |
sexual assault, or criminal sexual assault; or
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(B) The court has made a finding that the minor was |
at least 13 years of
age
at the time the act was |
committed and the adjudication of delinquency was |
based
upon the minor's commission of: (i)
an act in |
furtherance of the commission of a felony as a member |
of or on
behalf of a criminal street
gang, (ii) an act |
involving the use of a firearm in the commission of a
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felony, (iii) an act that would be a Class X felony |
offense
under or
the minor's second or subsequent
Class |
2 or greater felony offense under the Cannabis Control |
Act if committed by an adult,
(iv) an act that would be |
a second or subsequent offense under Section 402 of
the |
Illinois Controlled Substances Act if committed by an |
adult, (v) an act
that would be an offense under |
Section 401 of the Illinois Controlled
Substances Act |
if committed by an adult, (vi) an act that would be a |
second or subsequent offense under Section 60 of the |
Methamphetamine Control and Community Protection Act, |
or (vii) an act that would be an offense under another |
Section of the Methamphetamine Control and Community |
Protection Act.
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(2) The court
shall allow the general public to have |
access to the name, address, and offense of a minor who is |
at least 13 years of age at
the time the offense
is |
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committed and who is convicted, in criminal proceedings
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permitted or required under Section 5-4, under either of |
the following
circumstances:
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(A) The minor has been convicted of first degree |
murder, attempt
to commit first degree
murder, |
aggravated criminal sexual
assault, or criminal sexual |
assault,
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(B) The court has made a finding that the minor was |
at least 13 years
of age
at the time the offense was |
committed and the conviction was based upon the
minor's |
commission of: (i)
an offense in
furtherance of the |
commission of a felony as a member of or on behalf of a
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criminal street gang, (ii) an offense
involving the use |
of a firearm in the commission of a felony, (iii)
a |
Class X felony offense under or a second or subsequent |
Class 2 or
greater felony offense under the Cannabis |
Control Act, (iv) a
second or subsequent offense under |
Section 402 of the Illinois
Controlled Substances Act, |
(v) an offense under Section 401 of the Illinois
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Controlled Substances Act, (vi) an act that would be a |
second or subsequent offense under Section 60 of the |
Methamphetamine Control and Community Protection Act, |
or (vii) an act that would be an offense under another |
Section of the Methamphetamine Control and Community |
Protection Act.
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(D) Pending or following any adjudication of delinquency |
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for
any offense defined
in Sections 11-1.20 through 11-1.60 or |
12-13 through 12-16 of the Criminal Code of 1961 or the |
Criminal Code of 2012,
the victim of any such offense shall |
receive the
rights set out in Sections 4 and 6 of the Bill of
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Rights for Victims and Witnesses of Violent Crime Act; and the
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juvenile who is the subject of the adjudication, |
notwithstanding any other
provision of this Act, shall be |
treated
as an adult for the purpose of affording such rights to |
the victim.
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(E) Nothing in this Section shall affect the right of a |
Civil Service
Commission or appointing authority of any state, |
county or municipality
examining the character and fitness of
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an applicant for employment with a law enforcement
agency, |
correctional institution, or fire department to
ascertain
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whether that applicant was ever adjudicated to be a delinquent |
minor and,
if so, to examine the records of disposition or |
evidence which were made in
proceedings under this Act.
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(F) Following any adjudication of delinquency for a crime |
which would be
a felony if committed by an adult, or following |
any adjudication of delinquency
for a violation of Section |
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the |
Criminal Code of 2012, the State's Attorney shall ascertain
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whether the minor respondent is enrolled in school and, if so, |
shall provide
a copy of the dispositional order to the |
principal or chief administrative
officer of the school. Access |
to such juvenile records shall be limited
to the principal or |
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chief administrative officer of the school and any guidance
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counselor designated by him.
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(G) Nothing contained in this Act prevents the sharing or
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disclosure of information or records relating or pertaining to |
juveniles
subject to the provisions of the Serious Habitual |
Offender Comprehensive
Action Program when that information is |
used to assist in the early
identification and treatment of |
habitual juvenile offenders.
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(H) When a Court hearing a proceeding under Article II of |
this Act becomes
aware that an earlier proceeding under Article |
II had been heard in a different
county, that Court shall |
request, and the Court in which the earlier
proceedings were |
initiated shall transmit, an authenticated copy of the Court
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record, including all documents, petitions, and orders filed |
therein and the
minute orders, transcript of proceedings, and |
docket entries of the Court.
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(I) The Clerk of the Circuit Court shall report to the |
Department of
State
Police, in the form and manner required by |
the Department of State Police, the
final disposition of each |
minor who has been arrested or taken into custody
before his or |
her 17th birthday for those offenses required to be reported
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under Section 5 of the Criminal Identification Act. Information |
reported to
the Department under this Section may be maintained |
with records that the
Department files under Section 2.1 of the |
Criminal Identification Act.
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(Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11; |